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109: Special provisions in respect of bonds or covenants
or “Rules about special promises and agreements linked to land use permissions”
You could also call this:

“When a planned activity doesn't happen, you can get your money or land back, but the council might keep some to cover their costs.”

If you have a resource consent that includes a condition about financial contributions or setting aside land, and the activity you planned doesn’t go ahead, you might be able to get your money or land back. This can happen if your resource consent expires, is cancelled, or if you give it up.

When this happens, the consent authority (like your local council) will usually give you back any money you paid or return any land you set aside. However, they might keep some of it to cover their costs for dealing with the activity and stopping it.

The consent authority can only keep enough to cover their actual costs. They can’t keep extra just because they want to.

Remember, this only applies if the activity you got the resource consent for doesn’t actually happen. If you go ahead with your plans, you won’t get your money or land back.

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Next up: 111: Use of financial contributions

or “Rules for spending money given for special reasons when allowing building or other activities”
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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

110Refund of money and return of land where activity does not proceed

  1. Subject to subsection (2), where—

  2. a resource consent includes a condition under section 108(2)(a); and
    1. that resource consent lapses under section 125 or is cancelled under section 126 or is surrendered under section 138; and
      1. the activity in respect of which the resource consent was granted does not proceed,—
          1. the consent authority shall refund or return to the consent holder, or his or her personal representative, any financial contribution paid or land set aside under section 108(2)(a).

        1. A consent authority may retain any portion of a financial contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the consent authority in relation to the activity and its discontinuance.

        Notes
        • Section 110(1): amended, on , by section 26 of the Resource Management Amendment Act 1997 (1997 No 104).
        • Section 110(1): amended, on , by section 59 of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 110(1)(a): amended, on , by section 26 of the Resource Management Amendment Act 1997 (1997 No 104).
        • Section 110(1)(a): amended, on , by section 59 of the Resource Management Amendment Act 1993 (1993 No 65).